U.S. v. Carswell

In prosecution on drug and firearm offenses, Dist. Ct. did not err in denying defendant's motion to suppress heroin, cash and firearms seized from defendant's home pursuant to search  warrant, even though defendant argued that said warrant lacked probable cause to search his home. Record showed that, prior to issuance of warrant, police conducted two trash pulls from defendant's garbage cans located outside his home, which revealed presence of drugs, drug residue, drug packaging materials and receipt for firearm and ammunition. Police also became aware of defendant's criminal history that included armed robbery conviction and nuisance conviction arising out of possession of distribution quantities of marijuana, as well as information from tipster, all of which, when considered as whole, was enough to support probable cause to search defendant's home. Ct. also rejected defendant's claim that prosecutor committed misconduct during closing arguments by: (1) commenting on defendant's right not to testify or present evidence at trial; (2) claiming that defendant was not "dope sick" without any basis in record; (3) arguing that defendant had operated "stash house" with his brother; or (4) exaggerating amount of heroin defendant possessed. Defendant failed to object to said statements at trial, and none of instant challenged remarks were improper, where prosecutor either pointed out weakness of defense evidence, tracked language in instructions that were given to jury, merely mentioned defendant's right not to testify, or made fair characterization of evidence.